Johnson & Johnson will have to face accusations that it puts profit before safety by selling dangerous pelvic mesh products after reportedly losing its appeal in a class action lawsuit in Australia.
Three women say Ethicon, a J&J subsidiary, did not properly test the pelvic mesh products for safety before putting them on the Australian market. In their class action lawsuit, they also claimed that the companies were aware of the problems and their potential for serious side effects and complications; however, they pushed the products to market in order to maximize profit.
The class action lawsuit also called into question the role of Australia’s regulatory oversight agency after thousands of women allegedly suffered life-altering injuries after being implanted with the mesh products that were approved by the agency. If you were injured by a transvaginal mesh implant you could have a lawyer review your case for free.
In 2019, J&J was ordered by a federal judge in Australia to pay the three plaintiffs $2.6 million in the class action lawsuit representing over 1,350, reports The Chronicle Herald. The ruling reportedly stated that the company had “engaged in misleading or deceptive conduct,” and said that all consumers with J&J pelvic mesh should be provided compensation, which could be more than 90,000 people.
J&J appealed the ruling, but was shot down in a recent decision issued by the Federal Court of Australia.
“The appeal decision paves the way to secure damages for all group members represented by the applicants in the coming months,” a law firm representing the plaintiffs reportedly said in a statement after the ruling was issued.
“Ethicon believes it acted ethically and responsibly in the research, development and supply of its transvaginal mesh products and appropriately and responsibly communicated the benefits and risks to doctors and patients in Australia,” an emailed statement read, according to The Chronicle, also noting that J&J said it is reviewing its legal options in the aftermath of the court ruling.
Hundreds of thousands of women all over the world got J&J pelvic mesh implants but later discovered an array of severe and painful side effects. Indeed, J&J faces similar legal actions in the U.S., Canada, and Europe and agreed to pay hundreds of millions of dollars to end litigation in the United States in 2019, reports The Chronicle Herald.
In addition, J&J and other manufacturers of surgical mesh products have faced bans in the U.S. and elsewhere.
Are you a Class Member in the pelvic mesh lawsuit in Australia? Tell us about your experience in the comment section below.
The lead plaintiffs are represented by Shine Justice.
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